Nepal 1962 Constitution English324324

7/30/2019 Nepal 1962 Constitution English324324

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The Constitution of Nepal, 2019

PREAMBLE

WHEREAS it is desirable in the best interest and for all-round progress of the Kingdom

of Nepal and of the Nepalese people to conduct the government of the country inconsonance with the popular will;

AND WHEREAS we are firmly convinced that such arrangement is possible onlythrough the partyless democratic Panchayat System rooted in the life of the people in

general, and in keeping with the national genius and tradition and as originating from the

very base with the active cooperation of the people and embodying the principles ofdecentralization

1;

AND WHEREAS the happiness and prosperity of our beloved subjects have always beenour only objective for the accomplishment of which we are solemnly resolved;

AND WHEREAS it is desirable for the said purpose to enact and promulgate a

Constitution for the Kingdom of Nepal;

Now THEREFORE, I, King Mahendra Bir Bikram Shah Deva, in exercise of the

sovereign powers and prerogatives inherent in us according to the constitutional law,custom and usage of our country as handed down to us by our august and revered

forefathers, do hereby enact and promulgate this Constitution.

PART 1

PRELIMINARY

1. Constitution as the Fundamental Law: This Constitution is the fundamental law of

Nepal and all laws inconsistent with it shall, to the extent of such inconsistency, and

subject to the provisions of this Constitution, be void.

2. The Nation: (1) Having common aspirations and united by the common bond of

allegiance to the Crown, the Nepalese people irrespective of religion, race, caste or tribe

collectively constitute the nation.

(2) It is the indefeasible and Inalienable right of the Nation to develop its political,

economic and cultural life and to determine its relations with other nations, in accordancewith its own genius and traditions.

3. Kingdom: (1) Nepal is an independent, indivisible and sovereign2

Monarchical Hindukingdom

3.

1 Amended by First Amendment2 Amended by Third Amendment


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(2)The territory of Nepalshall comprise of-

(a) the territory at the commencement of this Constitution; and

(b) such other territory as may be acquired after the commencement of this

Constitution.

4. National Language: The national language of Nepal is the Nepali language in the

Devenagari script.

5. National Flag: Thenational flag of Nepal, as handed down by tradition, consist of two

juxta-posed triangular figures with crimson-coloured base and deep blue borders, there

being a white emblem ofthe crescent moon with eight rays visible out of sixteen in theupper part and a white emblem of twelve rayed in the lower part. The method to draw

out the flag and other particulars relating to it arelaid down in Schedule I.

6. National Anthem, etc: (1) The Royal salute as given in Schedule 2 is the national

anthem of Nepal.

(2) Rhododendron Arboreum is the national flower, Crimson colour is the nationalcolour, the Cow is the national animal and the Lophophorus is the national bird of Nepal.

(3) The coat-of-arms of Nepal shall be as laid down in Schedule 3.

Provided that the size of the coat-of-arms may be enlarged or reduced as required

and that such colour may be used therein as may be prescribed by His MajestysGovernment.

PART 2

CITIZENSHIP

7. Citizenship at the Commencement of the Constitution: Every Person who has his

domicile in Nepal and-

(a) Who was born in Nepal; or

(b) either of whose parents was born in Nepal; or

(c) who, as a woman, has any kind of relation with a citizen of Nepal constituting

matrimony in accordance with the laws and customs of Nepal; or

(d) who has already obtained a certificate of citizenship in accordance with the

laws of Nepal;

shall be a citizen of Nepal at the commencement of this constitution.

8. Acquisition and Termination of Citizenship to be prescribed by Law: (1) After the

commencement of this Constitution, the acquisition and termination of citizenship ofNepal and other matters related thereto shall be as prescribed by law.

3Ibid


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(2) Laws to be made in pursuance of clause (1) shall, inter alia, stipulate that a foreigner

may qualify for the acquisition of citizenship if-

(a) one can read and write the national language of Nepal;

(b) one is, engaged in an occupation, resides in Nepal;

(c) he has taken steps to renounce the citizenship of the country of which he is a

citizen;4

5(d) such person as defined by law, has resided in Nepal for a period of not less

than two years in the case of a person of Nepalese origin, after renouncing the

citizenship of her country in the case of female married to a Nepalese citizen6

andfor a period of not less than fifteen years in the case of other persons; and

7

(e) whatsoever stated in clause 'a', 'b' and 'd', if person internationally recognizedapply for the Nepalese citizenship or whatsoever stated in clause 'a', 'b'. 'c' and 'd', to

provide Nepalese citizenship to honor somebody with high goodwill8.

(3) laws to be made in pursuance of clause (1) shall, inter alia, stipulate that thecitizenship of a person may be terminated if-

(a) he has raised arms or has made an attempt to raise arms against Nepal or hascommitted any other offence against the State; or

(b) he has not served or avoids serving the State, during war or any otheremergency, in the manner prescribed by law.

PART 3

FUNDAMENTAL DUTIES AND RIGHTS

9. Fundamental Duties of the Citizen: Following shall be the fundamental duties of

every citizen9.

(a) Devotion and loyalty to the kingdom of Nepal;

(b) To exercise ones rights with due regard to the law and without infringing

upon the rights of others;

(c) to obey the provisions made by the constitution; and

4 Amended by the Third Amendment5 Amended by the Second Amendment6 Amended by the Third amendment7 Inserted by the Third Amendment8Ibid9 Amended by the Third Amendment


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(d) to maintain harmony in society by not doing anything to entice hatred,

derision, violent act or damage to the public or private property among caste,ethnicity, region, community, class, religion or any other such matters affecting

the sovereignty, indivisibility and unity of Nepal,

10. Right to Equality: (1) All citizens shall have the right to equal protection of the laws.

(2) No discrimination shall be made against any citizen in the application of general laws

on grounds of religion, race, sex, caste, tribe or any of them.

(3) There shall be no discrimination against any citizen in respect of appointment to thegovernment service or any other public service only on grounds or religion, race, sex,

caste, tribe or any of them.

11. Right to Freedom: (1) No person shall be deprived of his life or personal liberty

saves in accordance with the law.

10(2) Subject to the other provisions of this part all citizens shall have the right to the

following freedoms.

(a) freedom to speech and expression;

(b) freedom to assemble peaceably and without arms;

(c) freedom to form unions and associations;

(d) freedom to move to or reside in any part of Nepal; and

(e) freedom to acquire and enjoy property or to dispose it off by sale or otherwise.

11(2a) Notwithstanding anything contained in clause (2), no political party or any other

organisation, union or association motivated by party politics shall be formed or causedto be formed or run.

(3) No person shall be punished for an act which was not punishable by law when the actwas done, nor shall any person be subjected to a punishment greater than that prescribed

by law for an offence when the offence was committed.

(4) No person shall be prosecuted and punished more than once for the same offence inany court.

(5) Except voluntarily, no person accused of any offence shall be compelled to be awitness against himself.

(6) No person who is arrested shall be detained in custody without being informed, as

soon as possible, about the grounds of such arrest, nor shall he be deprived of the right to

consult and be defended by a legal practitioner of his choice.

10 Amended by the First Amendment11 Inserted by the First Amendment


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Explanation- For the purpose of this clause, legal practitioner includes any

person who, under the law for the time being in force, is authorised to represent any otherperson in any court.

(7) Every person who is arrested and detained in custody shall be produced before a

judicial authority within a period of twenty-four hours of such arrest, excluding theperiod of journey from the place of arrest to such authority, and so such person shall not

be detained in custody beyond the said period except on the order of such authority.

(8) Nothing in clauses (6) and (7) shall apply to person who-

(a) is a citizen of an enemy state; or

(b) is arrested or detained under a law providing for preventive detention.

12. Right against Exile:No citizen shall be exiled.

13. Right against Exploitation: Traffic in human beings, slavery and forced labour are

prohibited.

Provided that the prohibition on forced labour shall not be a bar to provide for

compulsory service by law for public purposes.

14. Right to Religion: Every person may profess his own religion as handed down from

ancient times and may practice it having regard to the traditions.

Provided that no person shall be entitled to convert another person from onereligion to another.

I5. Right to Property: No person shall be deprived of his property save in accordancewith the law.

16. Right to Constitutional Remedies: Right to proceed in accordance with Article 71,

for the enforcement of the rights conferred by this Part, is guaranteed.

17. Restrictions on the Exercise of fundamental Rights for Public Good: (1) Laws

may be made for the sake of public good to regulate or control the exercise offundamental rights specified in this Part.

(2) If it is stated in the preamble of any Act that it has been made for any or all of thefollowings purposes, such Act, as well as any rule, order or by-laws made under such Act

and having the force of law, shall be deemed to be a law made for the public good:

(a) for the preservation of the security of Nepal;

(b) for the maintenance of law and order.

(c) for the maintenance of friendly relations with foreign states.

(d) for the maintenance of harmonious relation among the people of different

classes or professions or between the people of different areas;


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(e) for the maintenance of good conduct, health, comfort, economic interest,

decency or morality of the people in general;

(f) for the protection of the interest of minors or women;

(g) for the prevention of internal disturbance of external invasion;

(h) for the prevention of contempt of court or contempt of the National

Panchayat;12

(i) for the prevention of any attempt to subvert this constitution or any other law

for the time being in force or for the prevention of any other attempt of like

nature;13

and

(j) to ensure the pursuance of fundamental duties14

.

15PART 4

DIRECTIVE PRINCIPLES OF PANCHAYAT SYSTEM

18. Application of the Principles: The principles laid down in this part are for general

guidance and they shall not be enforceable by any court.

19. Aims and Objectives:

(1) The aim of the Panchayat System shall be to promote the welfare of the people bysetting up a society which is democratic, just, dynamic and free from exploitation by

bringing about harmony in the interests of different classes and professions from a

comprehensive national outlook.

(2) The political objective of the Panchayat System shall be to mobilise, to the maximum

possible extent and on a voluntary basis, the national genius and resources for the setting

up of a society as envisaged by clause (1) by associating, through gradualdecentralisation, the maximum number of representatives of the people at all levels of the

administration and by making the general public vigilant and conscious.

16(3) The social objectives of the Panchayat System shall be to remove the obstacles in

the way to mobilise people in creating a society mentioned in Clause (1) and to establisha social life based on uniform morality and to maintain the national unity recognizing the

mutual harmonious tolerance towards the culture and traditional value adopted by the

Nepalese citizens as prosperity, affluence and national character.

12 Amended by Third Amendment13Ibid14 Inserted by the Third Amendment15 Amended by the First Amendment16 Amended by the Third Amendment

Note: Clause (3) was also amended by the Second Amendment


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(4) The economic objective of the Panchayat System shall be to establish a system that

will provide maximum participation of the general public in the economic uplift of thecountry as well as to provide due protection to private enterprise, and wherein no

individual or class is able to exercise undue economic pressure upon another individual

or class; to establish cooperatives as the infrastructure of Nepalese industrial and trade

policy by encouraging every sector of Nepalese life to invest upon private sector fordeveloping such cooperative institutions as the peoples' trade and also to make provision

for encouraging utilization of financial benefit and facilities.

17(5) The development goal of Panchayat System shall be to mobilize Nepal's natural

resources and heritage in beneficial and advantageous way and in just manner for

balanced development among the various regions of Nepal on equal basis of opportunity;initiate for providing appropriate facilities to bring people of all regions in equal status

and to make effort for economic development to fulfill the basic necessity of people of

remote areas.

18

(6) The goal of foreign policy of Nepal shall be to strive for making Nepal a peace zoneby adopting basic principles of United Nations and principles of non-alliance.

PART 5

HIS MAJESTY

20. His Majesty-the Source of Power: (1) In this Constitution the words His Majesty

mean His Majesty the King for the time being reigning, being a descendant of Great KingPrithivi Narayan Shah and adherent of Aryan culture and Hindu religion

19.

(2) The sovereignty of Nepal is vested in His Majesty and all powers executive,

legislative and judicial emanate from Him. These powers are exercised by His Majesty

through the organs established by or under this Constitution and other laws for the timebeing in force keeping in view the interest and wishes of His Majestys subjects

according to the highest traditions of the Shah dynasty.

2020(a). Coordination Commission: (1) His Majesty the King may constitute a

coordination commission to coordinate among the executive, legislature, judiciary and

other organs to protect national independence, sovereignty and indivisibility and to

maintain national security, law and order, peace and justice by uniting all the Nepalese inone bond through Partyless Democratic Panchayat System.

(2) Formation, functions, duties, procedure and other necessary matters relating toCoordination Committee shall be in accordance with the regulation approved by the his

17 Inserted by the Third Amendment18Ibid19 Amended by Second Amendment20 Inserted by the Third Amendment. As this provision was stated to commence with the publication of

notice in Gazette, it was commenced on 2038/1/29 B.S.


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majesty and no question shall be raised in any court regarding the implementation of this

regulation.

21. Law relating to Succession to the throne: (1) Nothing in this Constitution shall

affect the law, custom and usage relating to the succession to the throne by the

descendants of His Majesty.

(2) His Majesty shall have exclusive power of enacting, amending and repealing the law

relating to the succession to the throne by the descendants of His Majesty.

2122. Regent, Council of Regency, Royal Representative and Council of Royal

Representatives: In this Constitution any reference to His Majesty shall unless thesubject or context otherwise requires, include reference to Regent or Council of Regency,

if empowered in relation to the matter in question, and to the Royal Representative or the

Council or Royal Representatives exercising powers under Article 22 A22

.

22 A. Royal Representative and Council of Royal Representatives:

23

His Majestymay, by warrant under His Royal Seal, appoint a Royal Representative or a Council of

Royal Representatives to exercise, subject to such conditions as may be prescribed in thewarrant, the day to day functions of His Majesty during His Majestys absence from

Nepal or for any specified period. The functions exercised within the terms and limits

prescribed in the warrant by such Royal Representative or the Council of RoyalRepresentatives shall be deemed, for the purposes of this Constitution, to have been

exercised by His Majesty.

2422B. Royal Standard: Square in shape and crimson in colour having borders in white,

the Royal Standard traditionally compromises of a crescent moon, in the upper cornernear the flag-staff with eight out of sixteen rays, shown in white colour, a white sun with

twelve white rays in the upper corner, opposite to the flag-stifle a white flag drawn to

represent the five element & in the middle of the standard, and as upright white lionfacing the flag with both its paws holding, and the right hind leg supporting the flag-

stifle.

PART 6

RAJ SABHA

23. Raj Sabha (I) There shall be a Raj Sabha in Nepal, the functions of which shall be aslaid down in this Constitution.

(2) The Raj Sabha shall consist of the following persons-25

(a) Members of royal family as prescribed by the His Majesty

21 Amended by the First Amendment22 Amended by the Second Amendment.23 Second Amendment placed the Article 86 as 22(a)24 Inserted by the Second Amendment25 Amended by the Third amendment of the Constitution.

Note: Article 23 (2) was amended also by the first and second amendment.


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(b) The Prime Minister, ex-officio member,

(c) The Chief Justice, ex-officio member,(d) The Chairman of the National Panchayat, ex-officio member;

(e) Deputy Prime Minister, ex-officio member,

(f) Ministers, ex-officio member,

(g) The Bada Gurujyu, ex-officio member,(h) Deputy Bada Gurujyu, ex-officio member.

(h) The commander-in-Chief ex-officio member;

(i) Main Saheb jyu, ex-officio member,(j) The Chief Commissioner of the Prevention of Abuse of Authority

Commission, ex-officio member;

(k) The Auditor-general, Ex-officio member;(l) The Chairman of Public Service Commission, ax-officio member

(m) The Chief Election Commissioner, ax-officio member

(n) The attorney-General, ex- officio member;(o) The Mool Purohit, ex-officio member; and

(p) Main Chautariya, ex-officio member(q) Staffs of His Majesty as prescribed by him,

(r) State Secretary or Secretary of His majesty's Government as prescribed by theHis Majesty, and

(s) such other members as His Majesty may appoint from among persons who are

renowned in different fields of national life or who have rendered distinguishedservice to the country or who are otherwise considered fit to be members of the

Raj Sabha

26(3) A person appointed under sub-clause (a), (q), (r) and (s) of clause (2) shall remain a

member during the pleasure of His Majesty.

(4) A meeting of the Raj Sabha shall be summoned by the command of His Majesty and

shall be presided over by Him if present at the meeting, and if His Majesty is not presentat the meeting, shall be presided over by the crown prince, if He has attained the age of

eighteen years, by a Vice-Chairman generally or specifically designated by His Majesty

and in case no Vice-Chairman is so designated, the meeting shall be presided over by

such member as the Raj Sabha by a resolution may decide at that meeting.

(5) Notwithstanding anything contained in clause (4), a meeting of the Raj Sabha shall be

summoned, under the following circumstances, by the Secretary of the Raj Sabha andsuch meeting shall be presided over by such person as may be decided by a resolution in

that meeting

(a) on the demise of His Majesty or if His Majesty proclaims his abdication; or(b) if at least one-fourth of the total number of member of the Raj Sabha (of

whom at least four shall be Ministers of the Crown) sign a requisition declaring

that His Majesty is unable by reason of mental or bodily infirmity, to commandthe summoning of a meeting.

26 Amended by the Third Amendment.

Note: Article 23(3) was also amended by the First and Second Amendment.


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(6) The meeting summoned under the circumstances mentioned in sub-clause (a) ofclause (5) shall proclaim-

(a) the accession to the Throne of the heir-apparent to His Majesty, in accordance

with the law, custom and usage relating to the succession to the Throne; and

27(b) The appointment of a Regent or a Council of Regency, subject to the rules

made by His Majesty, in case His Majesty is below the age of eighteen years.

Provided that the Regency or the Council of Regency proclaimed under this sub-clause shall terminate when His Majesty attains the age of eighteen years.

(7) (a) the meeting summoned under the circumstances of sub-clause (b) of clause (5)shall decide whether His Majesty is unable, by reason of metal or bodily infirmity, to

command the summoning of a meeting, and

28(b) If the Raj Sabha decides in the affirmative by a majority of at least two-thirds of its

total membership, it shall proclaim the Crown Prince to be the Regent if He has attainedthe age of eighteen years and, if he has not, shall subject to the rules made by His

Majesty, Proclaim a Regent or a Council of Regency.Provided that the Regency or the Council of Regency proclaimed under this sub-

clause shall, subject to the rules made by His Majesty, terminate on the demise of or

abdication by His Majesty or on His Majesty informing the Raj Sabha that He is fit toresume the Royal functions.

(8) The Regent or the Council of Regency proclaimed under clause (6) or (7) shall haveno power to decide or to give approval to anything which shall be prejudicial to the

interest of His Majesty or of His successor.

(9) Nothing in sub-clause (a) of clause (6) shall prevent the heir-apparent to His Majesty

from exercising the powers of Crown pending a Proclamation under that sub-clause.

(10) (a) A Standing consisting of seven to fifteen members of the Raj Sabha designated

by His Majesty may perform all functions of the Raj Sabha under this Constitution in the

name of the Raj Sabha except those mentioned in clause (5), (6) and (7).Provided that the above provision shall not prevent His Majesty, if he so desires,

from causing any decision taken by the Standing Committee in the name of the Raj Sabba

to be placed at the meeting of the Raj Sabha for its consideration.

29(b) His Majesty shall preside over the Standing Committee mentioned in sub-

clause (a), or He shall designate any member of Standing Committee as its Chairman.The Secretary of the Raj Sabha shall be the secretary of the Standing Committee.

27 Amended by the Second Amendment28Ibid29 Amended by the First Amendment


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30(c) The term of office of the members of the Standing Committee of the Raj

Sabha shall be for four years and they shall be paid such remuneration as His Majestymay prescribe.

Provided that any member of the Standing Committee may submit his resignation

in writing to His Majesty or that His Majesty, at His Pleasure, may remove any person

from the membership of the Standing Committee.

(d) The Standing Committee mentioned in sub-clause (a) may, if it so desires,

associate other members of the Raj Sabha, during its deliberations on any subject.

(11) The Raj Sabba or its Standing Committee shall transact its business notwithstanding

the absence of any of its members at any meeting if-(a) notice of such meeting has been sent to all who were members on the date of

the issue of the notice or that such notice has been published in the Nepal

Gazette31

; and(b) at least one- third of the total number of members are present.

(12) His Majesty may, in addition to the matters on which he has to consult the Raj Sabhaaccording to this Constitution, also seek its advice in connection with performance of any

of His other functions.

(13) Unless otherwise provided for, the decision of the Raj Sabha or of its Standing

Committee shall be taken by a majority of the members present and voting.

(14) Subject to this Article, the Raj abha or its Standing Committee may make rules for

the conduct of its business, and until such rules are made, its business shall be conductedby rules made by His Majesty.

(15) The Secretary of the Raj Sabha shall be appointed by His Majesty.

(16) Members of the Raj Sabha shall take oath in the manner and form prescribed by HisMajesty.

PART 7

COUNCIL OF MINISTERS

24. Exercise of the Executive Power- (1) The executive power of Nepal shall be

exercised in accordance with this Constitution and other laws for the time being in forceby His Majesty either directly or through Ministers or other officers subordinate to Him.

(2) The question whether His Majesty has consulted any person or authority under theprovisions of this Constitution and whether any person or authority has submitted any

advice or recommendation and, if so, what advice or recommendation has been

submitted, shall not be raised in any court.

30Ibid31 Changed by the First Amendment


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(3) All executive acts done by His Majesty under this Constitution except where, by the

rules made pursuant to clause (4), it is provided that any such act shall be expressed in thename of His Majesty, shall be expressed to have been done in the name of His Majestys

Government.

(4) Orders, decisions and other instruments made and executed in the name of HisMajesty or His Majestys Government shall be authenticated in such manner as may be

specified in rules to be made by His Majesty, and the validity of an order, decision or

instruments which is so authenticated shall not be called in question on the ground that itis not an order, decision, or instrument made or executed by His Majesty or by His

Majestys Government as the case may be.

3225. Formation of the Council of Ministers and its Functions- (1) There shall be a

Council of Ministers to aid and advise His Majesty in the exercise of His functions. It

shall be the duty of the Council of Ministers to give general directions to, and keepgeneral control over, the administration of the country in accordance with the provisions

of this Constitution, other laws for the time being in force and such directives as mayfrom time to time be given by His Majesty in the interest of Nepal and the Nepalese

people.

(2) The Council of Ministers, as may be required, shall consist of the Prime Minister,

Deputy Prime Minister and Ministers of the Crown.

(3) His Majesty shall constitute the Council of Ministers under His own Chairmanship or

under the Chairmanship of the Prime Minister.

3326. Ministers of the Crown- (1) Any member of National Panchayat proposed and

supported by 25 per cent of the total members of National Panchayat may stand for the

post of Prime Minister. If there is single candidate and elected uncontested or if there is

competition and elected with at least 60 per cent or more of the total members of NationalPanchayat, recommendation shall be made before the His Majesty for the post of Prime

Minister. His Majesty shall appoint the person recommended in such manner in the post

of Prime Minister.

Provided that (a) in an election pursuant to this clause, if there is only twocandidate and neither has been able to acquire necessary majority votes or if there is more

than two candidate not able to acquire necessary majority votes; reelection shall have to

be carried out between two candidates having more votes in first and second place orequal number of votes if that is the case, omitting names of other candidates other than

those two from the list.

32 Amended by the Third Amendment. As this provision was stated to commence with the publication of


Note: Article 25 is also amended by the First and Second Amendment of the Constitution.33Ibid

Note: Article 26 is also amended by the First and Second Amendment of the Constitution.


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(b) If no majority votes are acquired even in the reelection pursuant to sub-clause

'a', National Panchayat shall recommend three names among the members of NationalPanchayat for the post of prime minister. Upon such recommendation, His Majesty may

appoint one person in the post of prime minister.

(c) Other necessary matters relating to election pursuant to this Sub-section shall

be as provisioned in National Panchayat Regulation.

(2) His Majesty may, at the recommendation of Prime Minister, may appoint Deputy

Prime Minister and other ministers as per the necessity.

(3) The Prime Minister, Deputy Prime Minister and Ministers shall be collectively

responsible towards the National Panchayat and severally responsible for the functions ofrespective ministries.

(4) The Prime Minister shall be relieved of his office, if-(a) his resignation in writing is accepted by His Majesty;

(b) he ceases to be a member of the National Panchayat;(d) a resolution, passed by a majority of two-third members of the total

membership of the National Panchayat, to the effect that he has not fulfilled theresponsibilities of his office honesty is approved by His Majesty; or

(e) His Majesty relieves him of his office.

(5) The Deputy Prime Minister or a Minister shall be relieved of his office, if-

(a) any of the things mentioned in clause 'b', 'c' and 'd' of Subsection (4) above

takes place; or(b) his resignation in writing submitted through Prime Minister is accepted by His

Majesty;(c) the Prime Minister is relieved from his office.

3426A. Minister of State- (1) His Majesty may, as may be required, appoint Ministers of

State from among the members of the national Panchayat on the recommendation of His

Majesty.

(2) Minister of State appointed pursuant to subsection 1 may be given responsibility ofany ministry or function as in capacity of Minister of the Crown and for the purpose of

this constitution or any other laws such Minister of State shall be presumed to perform

duties as Minister of Crown.

(3) Minister of State shall be relieved of his office, if-

(a) any of the things mentioned in clause 'b' and 'd' of Subsection (4) of Section 26above takes place;

34 Amended by the Third Amendment. As this provision was stated to commence with the publication ofnotice in Gazette, it was commenced on 2038/1/29 B.S.

Note: Article 26a was inserted by the First Amendment and Subsection 2 of this Section was also amended

by the Second Amendment of the Constitution.


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(b) any of the things mentioned in clause 'c' of Subsection (4) of Section 26 above

is takes place for the Minister of State working as a Minister of the Crown pursuant toSubsection (2);

(c) his resignation in writing submitted through Prime Minister is accepted by

His Majesty; or

(d) the Prime Minister is relieved from his office.35

27. Assistant Ministers- (1) His Majesty may appoint Assistant Ministers from among

the members of the National Panchayat to assist any Minister of the Crown in thedischarge of his functions on the recommendation of the Prime Minister.

(2) The Assistant Ministers shall be relieved of his office, if(a) any of the things mentioned in clause 'b' and 'd' of Subsection (4) of Section 26

above takes place;

(c) his resignation in writing submitted through Prime Minister is accepted byHis Majesty; or

(d) the Prime Minister is relieved from his office.36

28. Remuneration- The remuneration of the Ministers of the Crown, the Minister ofState and the Assistant Ministers shall be determined by an Act and until so determined

shall be as determined by the rules made by His Majesty.

29. Conduct of Government Business- (1) The allocation and transaction of business of

His Majestys Government shall be done in accordance with the rules approved by His

Majesty.

(2) The question whether the rules made under clause (1) have or have not been observed,shall not be inquired into any court.

PART 8

LOCAL PANCHAYATS AND NATIONAL PANCHAYAT

CHAPTER-I

LOCAL PANCHAYATS

3730. Village Assembly and Town Assembly: (1) There shall be a Village Assembly in a

village or a part of village or a group of villages as may be specified by law; and Town

Assembly in the town area.

(2) The constitution, functions, duties and power of Village Assembly and Town

Assembly shall be defined by law.

35Ibid

Note: Subsection 2 of Section 27 was also amended by the First and Second Amendment36 Amended by the First Amendment of the Constitution37 Amended by the Second Amendment of the Constitution


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38

31. Village Panchayat and Town Panchayat : (1) There shall be an executivecommittee called the Village Panchayat or the Town Panchayat for each village

Assembly and Town Assembly respectively.

(2) The constitution, functions, duties and powers of the Village Panchayat and the TownPanchayat shall be defined by law.

32. District Panchayat:39

(1) There shall be a District Assembly in every District.

40(2) There shall be an executive committee called the District Panchayat for each District

Assembly.

(3) The constitution, functions, duties and powers of the District Assembly and the

District Panchayat shall be defined by law.

41

33. Zonal Assembly: An assembly of members of all he District Panchayat within oneZone shall be called Zonal Assembly.

CHAPTER-2

NATIONAL PANCHAYAT

4234. Constitution of National Panchayat: (1) There shall be a National Panchayat as

national legislature in Nepal which shall be the apex of the party-less democraticPanchayat System and its constitution, functions, duties and powers shall be as specified

in this Constitution.

(2) The National Panchayat shall consist of the following members-

(a) Members elected in the manner specified in Schedule 4, and

(b) Members nominated by His Majesty constituting twenty-five per cent of the

total number of members elected under sub-clause (a). While appointing in this manner,

His Majesty, if he desires, may appoint them from the group as follows:i. Political Sector;

ii. Class organizations;

iii. Intelligentsia;iv. different communities of nepalese society; and

v. any other individuals as deemed appropriate by His Majesty.

38Ibid39Ibid40Ibid41 Amended by the Second Amendment of the Constitution

Note: Article 33 was amended also by the First Amendment and was commenced on 2024/11/16 B.S.42 Amended by the Third Amendment. As this provision was stated to commence with the publication of


Note: Article 34 was also amended by the Second Amendment.


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(3) Election of the members provisioned in Clause 'a' of the Subsection 2 shall be held,subject to provisions stated in other parts of the constitution, in every five years at once

on the basis of adult franchise.

(4) The tenure of the members of National Panchayat having existence at the time ofcommencement of this Article shall cease automatically upon the declaration of result of

the election of members of National Panchayat pursuant to Subsection (3).

(5) While determining the constituency for the election purpose in a district where more

than one member to be elected, whole district shall be taken as one constituency

notwithstanding the numbers of members to be elected.

(6) Every Nepali citizen attained the age of 21 shall have the right to vote as prescribed in

law. Such voter shall have right to vote in single constituency.

(7) Any person having the right to vote in concerned district constituency may stand as acandidate for the member of National Assembly subject to Article 35 and other prevailing

laws.

4335. Qualification for Membership: In order to become a member of the National

Panchayat, a person shall-(a) be a citizen of Nepal;

(b) have attained the age of twenty-five years;

(c) have to be a member of any one class organization provisioned underSubsection (1) of Section 67A;

(d) have taken an oath in the application prepared for the candidates of NationalPanchayat membership in the manner prescribed by the Election Commission

(e) not have been expelled in accordance with Clause (2) of Article 38;

(f) should not be holding government office; and(g) not have been disqualified under any law.

4436. Decision as to Disqualification of Members: If a question arises whether a

member of the National Panchayat is disqualified or has became disqualified as laiddown in Article 35, final decision in this respect shall be made by the Chief Justice of the

Supreme Court after consultation with the Election Commission.

4537. Term of Office of the Members: (1) The term of office of the members of the

National Panchayat shall be five years.

43 Amended by the Third Amendment. As this provision was stated to commence with the publication ofnotice in Gazette, it was commenced on 2037/11/05 B.S.

Note: Article 35 was amended by the First Amendment and was commenced on 2032/8/26 B.S. after a

notice was published in Nepal Gazette on 2032/8/25. This article was also amended by the Second

Amendment.44Ibid

Note: Article 36 was also amended by the Second Amendment.45Ibid


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(2) For calculating the term of a member elected pursuant to the provisions of thisArticle, the term, not exceeding the period of five years, shall be deemed to end on the

last day of the month of Chaitra of the fifth year of election.

(3) The term of office of the elected or nominated members shall commence from thedate of election or nomination, as the case may be.

(4) If, for any reason, election is held on a date other than the appointed date, the term ofoffice of the member of such group shall be calculated as if the elections were held on the

date first appointed.

4638. Vacation of Seat: (1) The seat of a member of the National Panchayat shall become

vacant-

(a) upon his death;(b) if, by notice in writing to the Chairman of the National Panchayat, he resigns

his Seat;(c) if he ceases to have the qualification mentioned in Article 35;

(d) if, without the permission of the National Panchayat, he absents himself frommeeting of the National Panchayat for a continuous period of one month;

(e) on the expiry of the term of office under Article 37; or

(f) if recalled pursuant to the provisions of law.

Provided that the member, while holding the office of the Prime Minister, the

Deputy Prime Minister, other Minister, the Minister of State or the Assistant Ministershall not be subject to recall prior the expiry of one year.

(2) In case the Panchayat Policy and Investigation Committee of the National Panchayat

submits a report with a finding that a member of the National Panchayat has conducted

against constitution or has not conducted himself in a manner befitting his office, and ifthat is approved by National Panchayat, such the member concerned shall be warned, or

suspended or expelled in accordance with the Panchayat Polity and Investigation

Committee Regulation.

(3) If a seat in the National Panchayat falls vacant, it shall be filled as soon as possible.

The vacancy shall be filled in the same manner as the member vacating the seat was

elected or nominated.

(4) When a seat of a member falls vacant before the expiry of his term of office, the

election or nomination; as the case may be, for such seat shall be only for the remainderof the term.

Note: Article 37 was also amended by the First and Second Amendment. The first amendment in Article 37was commenced on 2024/12/19.46Ibid

Note: Article 38 was also amended by the First and Second Amendment.


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4739. Chairman: (1) His Majesty, on the recommendation of the National Panchayat

shall appoint from among the members of the National Panchayat a member as Chairmanof the National Panchayat if he is recommended under the prescribed method of election

relating to Prime Minister under the Clause 1 of Article 26.

(2) The term of office of the Chairman of the National Panchayat shall be five years.

(3) The office of the Chairman of the National Panchayat shall become vacant-

(a) If his resignation in writing is accepted by His Majesty;(b) If he ceases to be a member of the National Panchayat;

(c) On the expiry of his term of office pursuant to clause (2);

(d) If a resolution, passed by a majority of 60 percent of members of the totalmembership of the National Panchayat, to the effect that he has not fulfilled the

responsibility of his office honestly, is approved by His Majesty.

(e) If he is relieved from his office by His Majesty.

(4) If the office of the Chairman of the National Panchayat falls vacant or if the Chairmanof the National Panchayat is unable to perform the duties of his office on account of

illness or any other reason, the Vice-Chairman of the National Panchayat may beauthorised by His Majesty to perform the duties of the Chairman.

(5) If the office of the Chairman of the National Panchayat falls vacant, it shall be tilledas soon as possible in accordance with clause (1).

(6) Pending the appointment of the Chairman of the National Panchayat and if there is novice-chairman also, a person designated by His Majesty shall act as the Chairman of the

National Panchayat.

4840. The Vice-Chairman: (1) His Majesty, on the recommendation of the National

Panchayat, shall appoint a member as Vice Chairman of the National Panchayat if he isrecommended pursuant the Clause 1 of Section 26 relating to prescribed election method

for Prime Minister.

(2) The term of office of the Vice-Chairman of the National Panchayat shall be fiveyears.

(3)The Vice-Chairman of the National Panchayat shall, during the absence of theChairman, act as Chairman in the meetings of the National Panchayat, and shall also if

authorised under clause(4) of Article 39, perform all the functions of the Chairman of the

National Panchayat.

(4) The office of the Vice-Chairman of the National Panchayat shall become vacant-

47IbidNote: Article 39 was also amended by the Second Amendment.48Ibid

Note: Article 40 was also amended by the Second Amendment


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(a) if his resignation in writing is accepted by His Majesty;

(b) if he ceases to be a member of the National Panchayat ;(c) on the expiry of his term of office pursuant to clause (2);

(d) If a resolution, passed by a majority of 60 percent of members of the total

membership of the National Panchayat, to the effect that he has not fulfilled the

responsibility of his office honestly, is approved by His Majesty.(e) If he is relieved from his office by His Majesty.

(6) If the office of the Vice- Chairman of the National Panchayat falls vacant, it shall befilled as soon as possible in accordance with clause 1.

41. Steering Committee: (1) There shall be a Steering Committee consisting offourteenmembers, in addition to the ex-officio members pursuant to clause (2)

49to advise the

Chairman of the National Panchayat with regard to proper conduct of business before the

National Panchayat and also in other matters. Other functions of the Steering Committeeshall be as laid down in the rules of the National Panchayat.

50(2) The Chairman and the Vice-Chairman of National Panchayat shall be the ex-officio

Chairman and Vice-Chairman respectively of the Steering Committee, and the PrimeMinister, Minister for Finance, Home Affairs, Panchayat and Minister for Law and

Justice51

shall be the ex-officio members thereof. Other members of the Steering

Committee shall be elected by the members of the National Panchayat in the manner laiddown in the rules of the National Panchayat.

52Explanation- for the purpose of this clause the word minister' shall mean the minister

of State acting as minister when no minister has been appointed.

(3) The term of office of the members of the Steering Committee, except that of the ex-

officio members, shall be two years.

5341A. Other Committees: (1) There shall be committees of the National Panchayat on

various matters formed with a view to associating to a greater extent the members of the

National Panchayat in the administration of the country.

(2) The constitution and functions of the committees formed pursuant to clause (1) and

the provisions for other committees concerning the business of the National Panchayat

shall be as provided in the rules of the National Panchayat.

41B. Panchayat Policy and Investigation Committee: (1) There shall be one Panchayat

Policy and Investigation Committee in the chairmanship of the chairman of NationalPanchayat.

49 Amended by the First Amendment50 Amended by the First Amendment51 Amended by the Second Amendment52 Inserted by the Second Amendment53Ibid


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(2) The constitution of the Committee and authority and procedures regarding the overallfunctioning necessary to promote partyless Democratic Panchayat System shall be as laid

down in the rules approved by His Majesty. No question shall be raised in any court

regarding the adherence to that rule.

(3) Panchayat Policy and Investigation Committee shall have to implement the decisions

made after discussion by the concerned committees of National Panchayat formed

pursuant to Clause 1 of Article 41A on the yearly report of constitutional bodies sent byHis Majesty in the manner prescribed by the rules pursuant to Clause 2.

42. Session: (1) After the commencement of thisArticle54

His Majesty shall, as early aspossible, summon the members of the National Panchayat to its first session.

(2) Thereafter subject to the provisions of this Constitution His Majesty may, from time

to time, summon the members of the National Panchayat to its other sessions.

55

(3) His Majesty may conclude the sessions of the National Panchayat. Provided that theperiod between the concluding the session and the beginning of next session shall not

ordinarily exceed one year.

56(4) While the National Panchayat stands adjourned, His Majesty may, if he thinks

necessary to summon a meeting of the National Panchayat at an earlier date, fix the dateand time of such meeting, and, meeting shall be held on the date and at the time so fixed.

57(5) Subject to the rules of the National Panchayat, the National Panchayat may adjourn

in pursuance of a resolution passed thereof.

58(6) Subject to the rules of the National Panchayat, the proceedings of the National

Panchayat shall ordinarily be held in open.

43. Address and Message by His Majesty: (1) His Majesty may address the National

Panchayat and for that purpose may command the attendance of the members.

(2) His Majesty may send messages to the national Panchayat and the National Panchayatafter considering the contents of the message as soon as possible shall submit its opinion

to His Majesty.

5944. ...............

54 Amended by the Third Amendment. As this provision was stated to commence with the publication of


55 Amended by the Second Amendment of the Constitution.56Ibid57Ibid58Ibid

Note: Clause 6 of Article 42 was also amended by the First Amendment59 Repealed by the Second Amendment


21/43

60

45 Restriction on Debates: (1) No discussion shall take place in the NationalPanchayat with regard to the conduct of His Majesty, Her Majesty and other members of

the Royal family.

Provided that nothing in this clause shall be deemed to restrict criticism of His

Majestys Government.

(2) No discussion shall take place in the National Panchayat against the principles

underlying the partyless democratic Panchayat system.

(3) No discussion shall take place in the National Panchayat with regard to the conduct of

a Judge in the discharge of his duties.

(4) No discussion shall take place in the National Panchayat with regard to any matter

relating to a case pending in any court in Nepal.

46. Voting: Save as otherwise provided in this Constitution any question put before the

National Panchayat shall be decided by a majority of the members present and voting.The person presiding shall not ordinarily have a right to vote, but in the event of an even

division of votes he shall exercise a casting vote.

47. Power to Transact the Business of the National Panchayat in Case of Vacancy: The National Panchayat shall have power to transact its business notwithstanding anyvacancy in the membership thereof; and any proceeding therein shall be valid

notwithstanding any such vacancy, or if it is subsequently discovered that some person

not entitled to do so, took part in the proceeding..

48. Penalty for unauthorised presence or Voting: (1) if a person sits or votes as amember of the National Panchayat before he has complied with the requirements of

Article 52 or when he knows that he is not qualified for membership thereof, he shall be

liable in respect of every day in which he so sits or votes to a penalty of one hundredrupees and that penalty shall be realised as a sum due to the government.

61(2) Nothing in clause (1) shall apply to a Minister of the Crown appointed under the

proviso to clause (1) of Article 26, who shall be entitled to sit and take part in theproceedings of the National Panchayat.

Provided that he shall not be entitled to vote therein until he becomes a memberof the National Panchayat.

49. Quorum: One fourth of the total number of membership of the National Panchayatshall make the Quorum of the National Panchayat. If, before or during any meeting

attention is drawn that the quorum is not complete, the person presiding may, subject to

the rules of the National Panchayat either suspend the proceeding of meeting until the

60 Amended by the Second Amendment61Ibid

Note: Clause 2 was also amended by the First Amendment.


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quorum is complete or adjourn the meeting till such time or day as may be specified by

him.

50. Procedure relating to the Conduct of Business:62

(l) The National Panchayat may,

subject to the provisions of this Constitution, make rules in respect of itself or its

committees for the conduct of business, for the maintenance of order at its meetings, forthe constitution and functions of committees formed pursuant to article 4lA.and for

regulating any other matter. Such rules of the National Panchayat shall become operative

when approved by His Majesty.

(2) Until the rules are made in accordance with clause (1) the matters referred to in that

clause shall be regulated by rules made by His Majesty.

51. Privileges of the National Panchayat; (1) Subject to the Provisions of this

Constitution and the rules of the National Panchayat, there shall be full freedom ofspeech in the National Panchayat.

63No member of the National Panchayat shall be

arrested, taken into custody or be liable to proceedings in any court in respect of anythingsaid or any vote cast by him in the National Panchayat or any of its committees.

(2) The National Panchayat shall have full powers to regulate its internal matters and only

the National Panchayat shall have authority to decide whether any proceedings of the

National Panchayat is regular or otherwise and no question in respect thereof shall beraised in any court.

(3) No proceedings of the National Panchayat shall be interpreted in such a way as toquestion the bonafides of the National Panchayat and nothing shall be published which

deliberately puts wrong or misleading construction on any thing spoken by any member.

(4) No member or officer of the National Panchayat shall be arrested

(a) during the session of the National Panchayat and(b) during the period between the issuance of the notice of the summoning of the

session and prior to the commencement of the session.

Provided that nothing in this clause shall be deemed to prohibit the arrest of anymember or officer in accordance with the law providing for preventive detention or in

respect of any criminal proceeding, and in case of such arrest of any member or officer,

the Chairman of the National Panchayat shall be immediately informed by the officermaking such arrest.

62Ibid63 The word 'and' is replaced with a punctuation mark of full stop (.) by the Third Amendment. As this

provision was stated to commence with the publication of notice in Gazette, it was commenced on

2038/1/29 B.S.


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(5) No person shall be liable to any proceedings in any court in respect of the publication

of any report or other papers or of votes or proceedings under the authority of theNational Panchayatsubjects to this constitution and rules of National Panchayat.

64

(6) Any breach of the privileges of the National Panchayat shall be deemed to constitute

contempt of the National Panchayat, and the National Panchayat shall have the exclusivepower to decide whether or not there has been any breach of such privileges.

(7) (a) If a person commits contempt of the National Panchayat, the officer presiding overa meeting of the national Panchayat may, upon a decision taken by the National

Panchayat, issue and order sentencing such person to a term of imprisonment which may,

at the most, extend to the end of that session.Provided that no person charged with such offence shall be punished without

being provided an opportunity to show cause as to why he should not be punished.

(b) The officer presiding over a meeting of the National Panchayat shall in respect of the

offence punishable under this clause, have power to issue a warrant of arrest or asummon65

, to summon witnesses, to take evidence, to cause documents to be produced

and to record statements.

(c) The National Panchayat shall be entitled to cause the detention of any person whom it

has power to punish under this clause, by placing him either in the charge of any of itsofficers or in any governmentjail.

66

6752. Oath: Every member of the National Panchayat, before taking part for the first time

in the meeting of the National Panchayat or any of its committees, shall take oath before

the Chairman of the National Panchayat or, in his absence, before the vice-Chairman orthe person appointed pursuant to clause (6) of Article 39, in the prescribed manner and

form.

53. Remuneration: The remuneration of the Chairman, the Vice-Chairman and other

members of the National Panchayat shall be determined by an Act and until so

determined shall be as determined by rules made by His Majesty.

54. Secretary: The Secretary of the National Panchayat shall be appointed by His

Majesty.

PART 9

LEGISLATIVE PROCEDURE

64 Inserted by the Third Amendment. As this provision was stated to commence with the publication of

notice in Gazette, it was commenced on 2038/1/29 B.S.65 Changed by the First Amendment66 Amended by the First Amendment67 Amended by the Second Amendment


24/43

6855. Introduction of Bills: (1) Subject to this Constitution and the rules made under

Article 50, any member of the National Panchayat may introduce a bill in the concernedcommittee constituted pursuant to Article 41 A.

Provided that

a) before any bill or amendment in respect of any of the following matters isintroduced by a member other than a Minister of the Crown or a Minister of State

or an Assistant Minister, prior approval of His Majesty shall be obtained through

a Minister of the Crown or a Minister of State or an Assistant Minister. HisMajesty may, before giving such approval consult the Raj Sabha.

(1) Imposition or collection of or increment in the rate of taxation

(2) Appropriation or expenditure of any amount or increment of theamount sought to be appropriated or expended out of the Consolidated

Fund or any other Government fund;

(3) Any matter relating to the expenditures of the Royal family; or(4) Any matter relating to the debt or guarantee for which His Majestys

Government is liable.(b) No bill or amendment, which declares in its preamble that it has been made for

any or all of the purposes listed in clause (2) of Article (17), shall be introducedwithout the approval of His Majesty. Such approval shall be obtained through the

Secretary of the National Panchayat. His Majesty, before giving such approval,

may consult the Raj Sabha.

(2) Notwithstanding anything provided in clause (1), bills and amendments pertaining to

Royal Nepalese Army and the Armed Police may be introduced in the concernedcommittee by the Minister of the Crown, Minister of State or Assistant Minister only.

(3) Bills, introduced in the committee pursuant to clauses (1) and (2), shall, after being

processed by the committee in accordance with the rules of the National Panchayat, be

introduced in the National Panchayat.

56. Assent to a Bill: (1) When a bill is passed69

by the National Panchayat it shall be

presented to His Majesty for his assent and if His Majesty is willing to give his assent, he

shall notify his assent ordinarily within one month of the presentation of the bill and if hedesires to withhold his assent subject to amendments, he shall proceed in accordance with

clause 2

(2) If his Majesty desires to withhold His assent or desires to give assent with

amendments to a billpassed70

by the National Panchayat, he shall after consulting the Raj

Sabha, return the bill to the National Panchayat with a message, and the NationalPanchayat shall after giving consideration to such message, submit its recommendations

to His Majesty as soon as possible, and His Majesty, after having considered such

68IbidNote: Clause 'a' of the Proviso of Article 55 was amended also by the first amendment.69 changed by the first amendment70Ibid


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recommendations, shall finally decide whether to give or to withhold his assent or to give

His assent subject to amendments.

(3) If His majesty, after consultation with the Raj Sabha, deems it expedient that any bill

discussed in the National Panchayat but not. passed, be passed in the form in which it was

introduced in the National Panchayat or with amendments, He may send a messageaccordingly, stating reasons thereof to the National Panchayat and the National Panchayat

shall, after giving consideration to such message as soon as possible, submit its

recommendations to His Majesty, and his Majesty may, after having considered suchrecommendations, give his assent to the Bill in the form in which it was introduced in the

National Panchayat or with amendments.

(4) When assent is given by His Majesty to a bill in accordance with this Article, such

bill shall become an Act and such assent shall be deemed to have been given as soon as

the Royal Seal is affixed to the bill.

57. Ordinance: (1) If at any time, except when there exists National Panchayat

71

or theNational Panchayat is in session, His Majesty is satisfied that circumstances exist which

render it necessary for Him to take immediate action, He may, after consulting the Rajsabha if He so desires, promulgate such ordinance as circumstances appear to Him to

require and which is not inconsistent with the provisions of this constitution.

(2) An ordinance promulgated under clause (1) shall have the same force and effect as an

Act.

Provided that every such ordinance-72

(a) shall be laid before the National Panchayat within fifteen days of its session

Subsequent to such promulgation;(b) may be withdrawn at any time by His Majesty; and73(c) shall ipso facto cease to have effect after sixty days of the commencement of

the session of the national Panchayat if it is not repealed pursuant to sub-clause(b).

PART 10

FINANCIAL PROCEDURE

58. No Tax to be levied or Loans to be Raised Except in Accordance with Law: (1)

No tax shall be levied and collected except in accordance with law.

74(2) No loan shall be raised or guarantee given by His Majestys Government except in

accordance with law.

71 Inserted by the Third Amendment. As this provision was stated to commence with the publication of

notice in Gazette, it was commenced on 2038/1/29 B.S.72 Amended by the Second Amendment73Ibid74 Amended by the First Amendment


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59. Consolidate Fund: Except His Majestys private revenues, and the religious

endowment, local taxes, all revenues received by His Majestys Government, all loansraised on the security of these revenues, and all moneys received in repayment of any

loan made under the authority of an Act shall, unless otherwise provided by an Act, be

credited to a public fund to be known as the Consolidated Fund.

60. Expenditure from the Consolidated Fund: No expenditure shall be incurred out of

the Consolidated Fund or any other public fund other than the Emergency Fund except in

accordance with an Appropriation Act or an Act made under Article 64 or 65 and exceptsuch sums as are otherwise chargeable on the Consolidated Fund.

7561. Expenditure Chargeable on the Consolidated Fund: The following expenditure

shall be charged on the Consolidated Fund

(a) expenditure provided by the Act relating to Expenditure of Royal Family;

(b) The amount of remuneration and facilities payable to-(1) The Chief Justice and the other Judges of the Supreme Court;

(2) The chairman and the members of the Standing Committee of Raj Sabha;(3) The Chief Commissioner and the Commissioners of the Prevention of Abuse

of Authority Commission;(4) The Auditor-General;

(5) The Chairman and the members of the Public Service Commission;

(6) The Chief Election Commissioner and other election Commissioners; and(7) The Attorney-General

(c) The administrative expenses of the Supreme Court, the Raj Sabha, the Prevention ofAbuse of Authority Commission, the Department of Auditor-General, the Public Service

Commission, the Election Commission and the Office of Attorney General.

(d) All charges relating to the debts for which His Majestys government is liable;

(e) Any sum required to satisfy any judgment or decree made by any court against his

Majestys Government, and

(f) Any other sum declared by an Act to be charged on the consolidated fund.

62. Estimates of Revenue and Expenditure: (I) His Majesty shall, in respect of every

financial year, cause to be laid before the National Panchayat, an annual estimateshowing among others the following items-

(a) the estimate of revenue;

(b) the sums required to meet the charges on the Consolidated Fund; and(c) the sums required to meet the expenditure to be provided for by an

Appropriation Act.

75 Amended by the Third Amendment

Note: Clause (b), (c) and (d) were also amended by First Amendment and Clause (b) and (c) were also

amended by Second Amendment


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76(2) The sums required to meet the expenditure to be provided for by an Appropriation

Act shall be specified under separate heads in an Appropriation Bill.

Provided that (a) In the discussion on the annual estimate of revenue and expenditure in

the National Panchayat, concerned minister or any other minister on his behalf must

submit the particulars on financial responsibility assigned to every ministry and if thegoals according to the expenditure is achieved or not.

(b) The Council of Minister may accommodate the recommendations, deemedappropriate, submitted in course of discussion on annual estimate in the National

Panchayat according to necessity in the Annual Estimate and Annual Appropriation Bill

accordingly.

63. Supplementary Estimates-: (1) His Majesty shall, in respect of any financial year,

cause to be laid before the National Panchayat, a supplementary estimate if it is found-(a) that the sum authorised to be spent for a particular service by the

Appropriation Act for the current financial year is insufficient or that a need has arisenfor expenditure upon new service not provided for by the Appropriation Act for that year;

or

(b) that the expenditure made during that financial year is in excess of the amount

authorised by the Appropriation Act.

(2) The sums included in the supplementary estimates shall be specified under separate

heads in a Supplementary Appropriation Bill.

64. Advance Expenditure: (1) Notwithstanding anything in the foregoing provisions ofthis part, any portion of the expenditure estimated for the financial year may, pending the

enactment of Appropriation Bill, be incurred in advance by an Act duly passed.

(2) An Advance Expenditure Bill shall not be submitted until the Estimates of Revenue

and Expenditure have been presented in accordance with the provisions of Article 62 and

the sums involved in the advance expenditure shall not exceed one third of the Estimates

of Expenditure for the financial year.

(3) The expenditure incurred in accordance with the advance expenditure Act shall be

included in the Appropriation Bill.

65. Credit Expenditure: (1) Notwithstanding anything in the foregoing provisions of

this part, if owing to a local or national emergency, due to either natural cause or threat ofexternal aggression or internal disturbance or otherwise, His Majesty is satisfied that it is

impracticable or undesirable from the standpoint of the security or interest of the State to

specify the details required under Article 62, He may cause to be laid before the NationalPanchayat a Credit Expenditure bill giving only such particulars of the expenditure

proposed which he may consider desirable.

76 Amended by the Third Amendment


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(2) The expenditure incurred under the Credit Expenditure Act shall be included, in aSupplementary Appropriation Bill as soon as possible.

7766. Contingency Fund: An Act may create a Contingency Fund into which shall be

paid from time to time such sums as may be determined by His Majesty afterconsultations with the Council of Ministers. Unforeseen expenditures shall be met out of

this Fund as Approved by His Majesty. The amount of the expenditure so met shall be

reimbursed as soon as possible by an Act.

67. Act relating to financial Procedure: Matters relating to the transfer of the sums

appropriated for one head to another and other financial procedures may be regulated byan Act.

78PART 10 A

CLASS ORGANISATIONS OF PANCHAYATS

67A. Provisions regarding Class Organisations: (1) In keeping with the objectives ofthe Panchayat System to promote the welfare of the people by creating a democratic, just,

dynamic and exploitation- free society, by bringing about harmony among the variousclasses keeping in view the greater interest of the nation, the following class

organisations shall be formed and run with a view to integrate and utilize the united

strength of the various classes for the development of the Nation and to help the localPanchayats to mobilise the general public

79(1) The Nepal Women's Organisation:

80(2) The Nepal Peaseant's Organisation;

81(3) The Nepal Youth Organisation;

82(4) The Nepal Elders Organisation:

83(5) The Nepal Labour Organisation; and

84(6) The Nepal Ex- Servicemens Organisation.

85(2) Active membership of any one of the class organisations mentioned in clause (1)

shall be compulsory in order to be eligible for election in any office of any level of the

Panchayat.

86(3) Organisations specified in Clause (1) shall be formed in Village or Town, District,

Zone and in central level and the constitution, functions, duties and powers of those class

organisations shall be determined by law.

77

Amended by the Second Amendment78Ibid79 Amended by the Third Amendment80Ibid81Ibid82Ibid83Ibid84Ibid85Ibid86Ibid


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87

PART 10 B

BACK-TO-VILLAGE NATIONAL CAMPAIGN

67B

88PART 10 C

PREVENTION OF ABUSE OF AUTHORITY COMMISSION

67C. Prevention of Abuse of Authority Commission: (1) In order to prevent Abuse of

Authority, there shall be a Commission on the Prevention of Abuse of Authority

(hereinafter referred to as the Commission), consisting of a Chief Commissioner and, ifrequired, such number of other Commissioners as may be specified by His Majesty.

(2) The Chief Commissioner and other Commissioners shall be appointed by His Majesty

and if desired by Him, after consultations with the Raj Sabha.

(3) The term of office, remuneration and other conditions of service of the ChiefCommissioner and other Commissioners, and the functions, duties, powers and procedure

of the commission shall be as specified in the rules made by His Malesty.

(4) Subject to the rules made pursuant to clause (3), the Commission may delegate all or

any of its powers to any person or office.

(5) The Commission shall submit an Annual Report regarding its activities to His

Majesty.

67D. Hearing of Cases: (1) Cases involving abuse of authority shall be heard anddecided either by the Commission or the Chief Commissioner or other commissioner of

the commission or by the officer holding government office prescribed by the

Commission by a notification published in the Nepal Gazette.

(2) Appeal against judgments under clause (1) shall lie in the court constituted by His

Majesty after consultations with the chief Justice.

(3) The procedure for the hearing of case under clause (1) and of appeals under clause (2)

shall be as prescribed in the Rules made by His Majesty.

67E. Saving: Notwithstanding anything provided in the other Articles of this

Constitution or the existing laws, the provisions of the Rules made pursuant to Articles

67C and 67D shall apply in matters provided therein.

Note: chapter 10A was inserted by the First Amendment and was commenced on 2024/7/7.87 Repealed by the Third Amendment

Note: Part 10 B was inserted by the First amendment and was commenced on 2024/7/7 and was amendedby the second amendment which was commenced on 2032/9/18

88 Inserted by the Second amendment and was commenced on 2034/8/1


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PART 11

SUPREME COURT

68. Supreme Court: (1) There shall be a Supreme Court of Nepal consisting of a Chief

Justice and, unless a larger number is specified by law, not more than six other judges.

(2) The Supreme Court, subject to the provisions of this Constitution, shall be a court of

record and shall have the power to impose punishment as prescribed by law for contemptof itself or of courts subordinate to it.

69. Judges of the Supreme Court: (1) His Majesty shall appoint the Chief Justice afterconsulting, if he so desires, such members of the Raj Sabha as he may deem appropriate

and also after consultation with other Judges of the Supreme Court, and other judges of

the Supreme Court shall be appointed by Him after consultation with the Chief Justice.

89

(2) Subject to the provisions of clause (4), the term of office of the Chief Justice andother Judge of the Supreme Court shall be ten years. His Majesty may, if he deems it

proper, re-appoint a person for such term as may be specified by Him

Explanation: For the purpose of calculating the term of office of any Judge of the

Supreme Court who has been appointed the Chief Justice, the term which he has alreadyserved as judge of the Supreme Court shall also be reckoned.

90(2A) Subject to the provisions of clause (2) the Chief Justice and any other Judge of the

Supreme Court shall hold office until he attains the age of sixty five years.

Provided that he shall be relieved of his office on the date either of his attainingthe maximum age under this clause or of the completion of his term specified in clause

(2), whichever is earlier.

91(2B) The provisions of clause (2) and (2A) shall apply also in the case of the Chief

Justice and the other Judges of the Supreme Court holding office at the time of the

commencement of this clause.

Provided that for the purpose of calculating their term of office under clause (2),the term shall be deemed to commence from the date on which this clause comes into

force.

92(3) A person shall not be qualified for appointment as a judge of the Supreme Court

unless he has attained the age of forty five and-

(a) has been for at least five years the Judge of a Regional Court or an equivalentjudicial post or:

(b) has been for at least seven years a government or private advocate; or

89 Amended by the Second Amendment90 Inserted by the Second Amendment91Ibid92 Amended by the Second Amendment


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(c) is, in the opinion of His Majesty, a distinguished jurist.

93(4) The Chief Justice and any other Judge of the Supreme Court-

(a) shall be relieved of his office if his resignation in writing is accepted by His

Majesty, or

(b) may be relieved of his office by His Majesty if a Commission appointed by hismajesty recommend like that for not performing his duties due to incapacity or

misbehaviour or malafide acts.

Provided that the Chief Justice or any other Judge of the Supreme Court so

charged shall not be denied a reasonable opportunity for defending himself before the

commission.

(5) The Commission appointed under sub-clause (b) of clause (4) shall have power

similar to that of a court to summon witness, to take evidence and to punish for itscontempt.

(6) The remuneration and other conditions of service of the Chief Justice and the other

Judges of the Supreme Court shall be determined by an Act and until so determined shallbe as determined by Rules made by His majesty. The remuneration and the other

conditions of service of the Chief Justice or any other Judge of the Supreme Court shall

not be varied to his disadvantage during his term of office.

(7) When the office of the Chief Justice is vacant or when the Chief Justice is, by reason

of ill- health or otherwise, unable to perform the duties of his office, the duties of thatoffice shall be performed by such one of the other Judges of the Supreme Court as may

be appointed by His Majesty to be the Acting Chief Justice.

(8) His Majesty may, after consulting the Chief Justice, appoint as many ad hoc or

additional Judges as may be necessary for the Supreme Court for such period and withsuch remuneration and facilities as His Majesty may specify.

Provided that such Judges shall be required to possess the same qualifications as

laid down in clause (3).

(9) No person who has held office as a permanent Judge of the Supreme Court shall plead

Court or before any authority.

71. Extra-ordinary jurisdiction of the Supreme Court: Subject to the Provisions of

this Constitution94, the Supreme Court shall have power to issue directions, orders orwrits including writs in the nature of habeas corpus, mandamus, prohibition, quo

warranto and certiorari for the enforcement of rights conferred by Part 3 or for the

enforcement, in cases where no other remedy is provided, of rights conferred by anyother law for the time being in force.

93Ibid94 Inserted by the Second Amendment


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Provided that nothing in this Article shall apply in relation to matters falling

within the jurisdiction of a Court-Martial95

.

72. Supreme Court not to overrule its own decision: The Supreme Court shall not

itself overrule its final decision.

Provided that the Supreme Court-(a) may review96

any decision made by it on such terms and conditions as may be

prescribed by law; and

(b) may revise its previous decision in a case and finally decide in accordancewith law if His Majesty issues a command for the revision of that case (already

decided by the Supreme Court) on the recommendation of a Judicial Committee

( )97

on the application of the concerned party within the time fixed by law.

9872A. Judicial Committee: The constitution, functions, duties, powers and procedure of

the Judicial Committee shall be as prescribed in the Rules made by His Majesty.

73. Legal Principle declared by the Supreme Court to be binding: The legalprinciples declared by the Supreme Court in cases within its jurisdiction as conferred by

this Constitution or other laws for the time being in force, shall be binding on all courts.Provided that the legal principles declared by the Supreme Court before the

commencement of this Constitution may not be binding on the Supreme Court as

precedent after the commencement of this Constitution.

74. Judicial Service Commission99

(1) There shall be a Judicial Service Commission

consisting of the Chief Justice, The Minister for Law and Justice or when the Minister for

Law and Justice has not been appointed the Minister of State for Law and Justice actingas the minister

100 and the Chairman of the Public Service Commission. His Majesty

Government may, on the recommendation of this Commission and in accordance with

law, may make permanent appointment, transfer and promotion to the gazetted posts of

the Judicial Service, and give departmental punishment to officials of such posts.Provided that His Majesty's Government shall consult the Public Service

Commission before making permanent appointment for first time of any person, not in

the government service, to a gazetted post of the Judicial Service or for promoting a

person from a non-gazetted post in the Judicial Service to gazetted post in that Service.

(2) Other powers, functions and procedures, of the Judicial Service Commission shall be

as prescribed by law.

PART 12

AUDITOR-GENERAL

95 Changed by the First Amendment96Ibid97 Omitted by the Second Amendment98 Inserted by the Second Amendment99 Amended by the First Amendment100 Amended by the Second Amendment


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75. Auditor-General: (1) There shall be an Auditor-General of Nepal who shall beappointed by His Majesty after consulting, if he so desires, the Raj Sabha.

(2)101

The Auditor-General shall hold his office for 6 years from the date of his

appointment.Provided that-102

(a) he shall be relieved of his office if his resignation in writing is accepted by

His Majesty; or(b) he may be removed from his office on the same grounds and in the same

manner as a Judge of the Supreme Court.

(3) The ,103

remuneration and other conditions of service of the Auditor- General

shall be determined by an Act and until so determined shall be as determined by Rules

made by His Majesty. The .104

, remuneration and other conditions of service ofthe Auditor General shall not be varied to his disadvantage during his term of office.

(4) A person who has held office as an Auditor-General shall not be eligible for

appointment in government service except in the post to be elected by His Majesty105

.

76. Functions and Powers of the Auditor-General:106

(l) The accounts of the Supreme

Court, the National Panchayat, the Raj Sabha, the Prevention of Abuse of AuthorityCommission, the Public Service Commission, the Election Commission, the Attorney

General and the offices of other constitutional organs and all the government offices and

departments including courts and also the accounts of the government owned corporatebodies, shall be audited by the in the manner prescribed by the law considering the

regularity, financial prudence, efficiency, effectiveness and rationality. The Auditor-General and his deputies shall at all time be entitled to have access to all documents

relating to such accounts.

107(2) The accounts to be audited by the Auditor General pursuant to Clause (1) shall be

maintained in such form as may be prescribed, subject to the Act related. Until so

prescribed, the account shall be maintained in the existing form.

(3) Other functions of the Auditor-General relating to audit shall be as determined by

law, and in that respect he may exercise such powers as are conferred on him by the

respective law.

101

Amended by the Third Amendment102 Amended by the Second Amendment103 Omitted by the Third Amendment104Ibid105 Inserted by the Third Amendment106 Amended by the Third Amendment

Note: As this provision was stated to commence with the publication of notice in Gazette, it wascommenced on 2038/1/29 B.S.

This provision was also amended by the First Amendment.107Ibid


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(4) The Auditor-General shall submit to His Majesty annual report108

on the work doneby him under this Article, and His Majesty shall cause such report

109to be laid before the

National Panchayat.

PART: 13PUBLIC SERVICE COMMISSION

77. Public Service Commission: (1) There shall be a Public Service Commission ofNepal Consisting of such number of members as His Majesty may prescribe, One of such

members as may be designated by His Majesty, shall be the Chairman of the

Commission.

(2) At least one-third of the members of the Public Service Commission shall be such

persons who have not, at any time during the period of five years immediately preceding,been in government service.

(3) His Majesty shall appoint the members of the Public Service Commission after

consultation, if he so desires, with the Raj Sabha.

110(4) A member of the Public Service Commission shall hold office for a term of six

years from the date of his appointment.Provided that

(a) he shall be relieved of his office if his resignation in writing is accepted by His

Majesty; or(b) he may be removed from his office on the same grounds and in the same

manner as a Judge of the Supreme Court.

(5) . 111

(6) The remuneration and other conditions of service of the members of the Public

Service Commission shall be determined by an Act and until so determined shall be as

determined by Rules made by His Majesty. The remuneration and other conditions of

service of a member of the Public Service Commission shall not be varied to hisdisadvantage during his term of office.

(7) A person who has held office as a member of the Public Service Commission shallnot be eligible for appointment in government service except in the post to be appointed

by His Majesty112

.

108 Changed by the First Amendment109Ibid

110 Amended by the Second Amendment111 Omitted by the Second Amendment112 Inserted by the Third Amendment


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78. Functions of the Public Service Commission: (1) The Public Service Commission

shall be consulted-(a) on the laws relating to conditions of civil services:,113

(b) on the general principles to be followed in matters of appointment,

promotions and departmental actions in the civil services or in civil posts;114

(c) on the suitability of the candidates in making appointment in a civil post fora period exceeding six months;

(d) on the suitability of candidates in making transfer or promotion from one

category of civil service to another category of civil service or from any othergovernment service to civil services; and

(e) on matters relating to departmental punishments proposed against any

gazetted115

civil servant.

Provided that under the provisions of the Constitution if-

(1) certain powers and functions are allotted to the Judicial Service Commission,those Provisions shall be as prescribed; and

(2) an employee, hold

Nepal 1962 Constitution English324324

Documents

Transcript of Nepal 1962 Constitution English324324